The substitution of fine: myth or reality?

The criminal punishment in the form of the fines can cause legal and organizational problems, indicating the need to improve the legislation and to solve some organizational problems of the Federal Bailiff Service. The substitution of fines for other punishments is provided only in the case of malicious evasion of the fine imposed as a principal punishment. The substitution of the fine imposed as a supplementary penalty for another kind of punishment is not allowed. Another problem is how to define the grounds for substitution of criminal punishment in the form of a fine. The norms of criminal and penal legislation compared with the judicial practice do not indicate that the court must substitute the fine for a more severe punishment in the case of the convict's malicious evasion of fine payment. Since the Criminal Code of the Russian Federation does not provide for the substitution of the fine imposed as an supplementary penalty in the case of malicious evasion, and, as stated in Part 3 Article 32 of the Criminal Enforcement Code, in the case of malicious evasion of fine imposed as a supplementary punishment, the fine is enforced, this definition determines the release of debtors from the execution of criminal penalties imposed on them. Finally, the analysed practices of execution of criminal penalties in the form of fines show that the activities of bailiffs connected with the enforcement of fines is reduced to regular inquiring various authorities and visiting the convict's place of residence to check their property. The current criminal and penal law and the Federal Law "On Enforcement Proceedings" fail to provide organizational and legal means to ensure both payment of the fine and re-socialization of the convict. These problems can be solved by adding the words "without reasonable excuse" to Part 1 Article 32 of the Criminal Enforcement Code of the Russian Federation. The Supreme Court should provide an illustrative list of reasons that can be recognized as reasonable when deciding to substitute the fine for another penalty. Part 5 Article 46 of the Criminal Code of the Russian Federation should enshrine the possibility rather than the obligation to substitute the fine. The principle "stimulus-reward" should imply the right of the convict to pay a smaller fine, as with administrative fines. The current penal legislation should provide for the possibility of imposing the duty work on the person sentenced to the fine, and if the debtor fails to take measures for employment, the court should be entitled to substitute the fine for another penalty upon the recommendation of the bailiff.

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